ASA’s Government Relations Update
Despite the legislative branch grinding to a halt in October, it has not impaired ASA’s ability to make progress on our legislative priorities. For all you may read or hear about Washington at an impasse, October was NOT a month of rest for ASA.
We continued our efforts to support the Small Business Payment for Performance Act of 2025, which would require prompt payment to contractors for change orders. The federal government must do more to address enforcement of prompt payment to subcontractors and suppliers. Additionally, we supported the Water Infrastructure Subcontractor and Taxpayer Protection Act of 2025 (H.R. 1285 / S. 570), which seeks to affirm that existing payment and performance security requirements extend to infrastructure projects financed through the Water Infrastructure Finance and Innovation Act (WIFIA), including Public-Private Partnerships (P3s).
Workforce development remained a priority, with the ASA supporting apprenticeship funding opportunities and opposing the misclassification of workers as independent contractors. Strengthening the workforce is essential for the growth and sustainability of the construction industry. Lastly, we supported the House Construction Procurement Caucus, focusing on improving construction procurement policies. This caucus serves as a platform for addressing issues that affect the construction industry and ensuring that procurement practices are equitable and efficient.
We continued to assist our members with material price escalation costs as it relates to the impending tariffs, and we have been working with our Attorneys Council (AC) on draft contractual language to address these issues, along with working on issues related to artificial intelligence and recommendations resulting from potential ICE raids on our construction jobsites. To this end, Mike Oscar has visited and made presentations on these subjects to our DC Metro, Louisiana, and Colorado’s Chapters. Finally, our Subcontractor Legal Defense Fund Cases have advanced in the Texas and Colorado Supreme Courts. Yet again, ASA’s AC is always on the move litigating in the best interest of our members.
These are just a few of the tangible results we’ve achieved and worked on over the past month and beyond. Even amid dysfunction, the work continues — and so do our efforts to do our very best for ASA. While the situation can be frustrating, I’m glad that it is resolved. As always, please don’t hesitate to reach out to Mike Oscar (moscar@asa-hq.com) at anytime.
ASA Offers Comments on OSHA’s Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Proposed Rule
ASA, along with the Construction Industry Safety Coalition (CISC), submitted comments following a written post-hearing brief regarding the Occupational Safety and Health Administration’s (OSHA)’s Notice of Proposed Rulemaking concerning the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
The CISC has played an active role throughout the rulemaking process for OSHA’s proposed heat safety standards. It submitted thorough pre-hearing written comments outlining its perspectives and recommendations. The CISC has consistently stressed that any regulatory framework adopted needs to be flexible and performance-based. Additionally, if OSHA establishes a federal heat standard, the CISC has repeatedly urged for a separate rulemaking tailored specifically for the construction industry, as has been done with other major regulations.
In preparing its written comments, CISC members held multiple meetings and teleconferences, soliciting direct feedback from their association members regarding OSHA’s approach to managing hazardous heat in construction. The comments provided are based on this specific input from member organizations.
OSHA’s proposed rule aims to regulate hazardous heat in almost every workplace, both outdoors and indoors, without limiting requirements by industry. The proposed measures would apply equally across general industry, construction, maritime, and agriculture sectors under OSHA’s jurisdiction. Employers would need to develop written plans to evaluate and control heat hazards. Additional controls like easily accessible water, paid rest breaks, and acclimatization protocols for new or returning workers would be mandated when the heat index reaches either 80°F or 90°F, depending on severity. There are also proposed training and new recordkeeping requirements.
While CISC values OSHA’s effort to simplify compliance through a uniform standard, it feels the current proposal falls short. The one-size-fits-all approach lacks the necessary flexibility for construction work. Fixed temperature thresholds don’t account for regional climate differences, diverse job tasks, or individual responses to heat. The strict acclimatization procedures do not let employers tailor protocols to suit their particular workforce or site, potentially leading to significant financial and operational consequences. Some requirements may inadvertently increase risks for construction workers, given the specific challenges of working at heights or around heavy machinery. Furthermore, the mandate for written plans essentially means all employers, including small businesses with ten or fewer workers, must document compliance, which is impractical. A distinct regulation for construction is crucial, as the industry operates very differently from general industry, shipbuilding, or agriculture. Construction sites are hybrid environments that change significantly during the course of a project. The proposed rule’s rigid definitions of “indoor” and “outdoor” worksites do not fit the reality of construction work. Multi-employer settings are common in construction, and OSHA’s policy would unfairly burden general contractors, often small businesses, with ensuring subcontractors comply, though they may not have control or access to needed records.
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ACI Arthur R. Anderson Medal — Nominations Now Being Accepted
The American Concrete Institute is seeking nominations for the Arthur R. Anderson Medal.
The award is given for outstanding contributions to the advancement of knowledge of concrete as a construction material. All persons, firms, corporations, or organizations are eligible to receive the award. You can submit your nominations and learn more here. Note: The deadline for the Arthur R. Anderson Medal nominations is February 15, 2026. View all deadlines here. More information regarding the ACI Awards Program can be found at concrete.org.
AWCI Releases 2025 Wall and Ceiling Industry Trends Report
With continued funding and support from the Foundation of the Wall and Ceiling Industry, the Association of the Wall and Ceiling Industry (AWCI) once again partnered with FMI to conduct a comprehensive survey and analysis of industry trends. The 2025 findings provide critical market insights enabling companies in the wall and ceiling industry to think strategically about the market and their businesses.
The 2025 survey measured AWCI member companies’ sentiment on the performance of the economy, the construction industry, and their businesses, while also exploring strategic priorities, business operations and top concerns among contractors, manufacturers and suppliers.
Key findings include:
• Economic Outlook and Growth Segments: Over 70% of members anticipate the economy and construction market to remain subdued or worsen. Data centers and health care are still expected to be the top growth drivers through 2026.
• Labor and Business Concerns: Talent availability is the most pressing challenge for contractors, with over 90% citing shortages in skilled crafts and field management. This concern is second only to the overall economic outlook.
• Demand and Strategy: Demand for wall and ceiling products is generally below 2024 forecasts for manufacturers and suppliers. Contractors are prioritizing increasing market share, while suppliers and manufacturers are focused on expanding their offerings.
